AI Legalese Decoder: Ensuring Fairness for Military Enlistees Amidst Employer Hours Reductions
- August 20, 2023
- Posted by: legaleseblogger
- Category: Related News
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IÔÇÖm Seeking Guidance Regarding My ManagerÔÇÖs Unresponsiveness and Lack of Transparency
I am currently facing a dilemma with my manager’s unresponsiveness and lack of transparency, and I am uncertain about the appropriate course of action to take. Despite feeling that pursuing legal recourse may not be feasible, I am seeking advice on how to handle this situation.
My concerns stem from the fact that my manager has been actively evading my attempts to communicate with him. Not only has he been avoiding my calls, texts, and emails, but he has also been vocalizing to other staff members that I will not be returning to work because I am allegedly “leaving for the Air Force.” Multiple employees have themselves conveyed their disagreement with this narrative, as they believe it to be false.
Interestingly, my manager has contradicted his own statements by informing me that efforts were being made to assign me to a specific job. However, this possibility seems implausible as it entails extensive training which I have yet to complete. He assured me that he would provide me with the relevant dates by the end of the day. However, it has now been a week since this conversation took place, and I have not received any update from him.
The job requires me to travel to a location that is a six-hour flight away, making it impractical for me to merely show up without prior arrangements. It is a travel position that necessitates training at headquarters located in another state. Although I am currently engaged in a part-time job locally and do not have an urgent need for this other position, it would still be advantageous for me to secure it. Consequently, I feel frustrated and aggrieved by the fact that my messages are being disregarded and, seemingly, that I am being deceived.
Given the circumstances, I would appreciate guidance on several questions I have concerning this matter. Firstly, am I obligated to provide my employer with a specific ship date? Additionally, should I consider reaching out to my recruiter for assistance and insight into this situation? Furthermore, I am uncertain whether I should attempt to approach my manager directly (despite his avoidance), escalate the matter to higher management, or seek guidance from the HR department.
Any advice or recommendations would be greatly appreciated. I understand that legal action may not be a viable option, but perhaps an AI Legalese Decoder could provide insights on how to navigate this situation effectively and mitigate any potential negative consequences. Thank you for your assistance in advance!
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****** just grabbed a
I said this in another comment, but it is illegal to discriminate based on military service. IÔÇÖd take it to HR and put in writing that you feel you are being discriminated against due to military service.
USERRA protects you on the basis of your application, regardless of where in the enlistment process you may be. Talk to VETS at DOL.
ESGR Ombudsman Director/ESGR National Trainer here.
USERRA protects you from the moment you intend to leave for the purpose of uniformed service. USERRA prohibits an employer from engaging in acts of discrimination against past and present members of the uniformed services, as well as applicants to the uniformed services. 38 U.S.C. 4311(a). That means that they cannot deny you any “benefits of employment” if your past, present, or future military service is “a motivating factor” in their decision.
If you are leaving for uniformed service, you *must* provide advance written or verbal notice to maintain your reemployment rights. USERRA specifically covers fitness examinations for initial enlistment (MEPS) (20 CFR 1002.54), so be sure to give advance notice that you’re leaving for that. (DoD regulations encourage you to give notice as far in advance as practicable to avoid unnecessary disruption for the employer. DoDI 1205.12).
Sometimes you can resolve a situation simply by referring your HR or ER to ESGR. Give them the url ([www.ESGR.mil](https://www.ESGR.mil)) and tell them there are resources for employers there. They can also call our national help line. IF it looks like it’s escalating, contact ESGR as soon as possible and we can assign an Ombudsman to explain to the ER what their obligations are.
NOTE: If you hire an attorney ESGR, the DOL VETS (which has the primary investigatory and rule making authority under USERRA) and the Department of Justice (which will often take cases referred by DOL VETS) will NOT help you. It is a matter between you and your attorney, who may ask for 1/3 of what you are entitled to. I am a commercial litigation attorney (Cornell Law) with over 25 years experience (admitted in numerous state and federal courts, including the US Supreme Court). I can tell you after giving dozens of Continuing Legal Education courses that few attorneys really understand USERRA. Besides, there is no statute of limitations under USERRA, so you can always hire an attorney after you let ESGR, DOL VETS, and DOJ handle it for you.
the first thing you need to do is talk to your CO.
then talk to hr
the military doesnÔÇÖt take issues like this lightly
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